Legal Opinion

In Re Thomas

Texas Court of Appeals, 12th District (Tyler)

Decided September 5, 2003No. 12-03-00270-CVPublishedCited by 2 opinions

1Opinion of the Court

OPINION

JAMES T. WORTHEN, Chief Justice.

Relator Dan Thomas filed a petition for writ of mandamus complaining that his right to a speedy trial was violated. He seeks a writ of mandamus directing the trial court to vacate its judgment of conviction and sentence and to dismiss the indictment.

Mandamus will not issue where there is an adequate remedy at law. Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992). The issue of whether a defendant’s right to a speedy trial was violated may be appealed after conviction. See Zamorano v. State, 84 S.W.3d 643, 646-47 (Tex.Crim.App.2002) (conviction reversed…

2Cases cited3 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Zamorano v. StateCourt of Criminal Appeals of Texas · 2002
  3. Smith v. GohmertCourt of Criminal Appeals of Texas · 1998

3Cited by2 opinions

  1. In Re Hearon, Texas Court of Appeals, 10th District (Waco)2007
  2. in Re Larry Buchanan, Texas Court of Appeals, 4th District (San Antonio)2008

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